A BILL to amend and reenact
sections four and six, article twenty-
four, chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
article fifteen-a, chapter thirty-one of said code by adding
thereto a new section, designated section seventeen-a, all
relating to providing for the use of waste tire remediation
funds to finance infrastructure projects relating to waste
tire processing facilities which have a capital cost of not
less than three hundred million dollars.

Be it enacted by the Legislature of West Virginia:That
sections four and six, article twenty-four, chapter
seventeen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that article
fifteen-a, chapter thirty-one of said code be amended by adding
thereto a new section, designated section seventeen-a, all to read as follows:

(a) The division of highways shall administer all funds made
available to the division for remediation of waste tire piles and
for the proper disposal of waste tires removed from waste tire
piles. The commissioner of the division of highways is hereby
authorized and empoweredmay: (i) To Propose for legislative
promulgation in accordance with article three, chapter twenty-nine-
a of this code emergency and legislative rules necessary to
implement the provisions of this article; and (ii) to administer
all funds appropriated by the Legislature to carry out the
requirements of this article and any other funds from whatever
source, including, but not limited to, federal, state or private grants.
(b) The commissioner shall also havehas the following powers:
(1) To apply and carry out the provisions of this article and
the rules promulgated hereunderunder this article.
(2) To investigate, from time to time, the operation and
effect of this article and of the rules promulgated hereunderunder
this article and to report his or her findings and recommendations
to the Legislature and the governor.
(c) The provisions of articles two-a and four of this chapter and the policy, rules, practices and procedures thereunderunder
those articles shall be followed by the commissioner in carrying
out the purposes of this article.
(d) On or before the first day of June, two thousand one, the
commissioner shall determine the location, approximate size and
potential risk to the public of all waste tire piles in the state
and establish, in descending order, a waste tire remediation list.
(e) The commissioner may contract with the department of
health and human resources and/or the division of corrections to
remediate or assist in remediation of waste tire piles throughout
the state. UtilizationUse of available department of health and
human resources and the division of corrections work programs shall
be given priority status in the contract process so long as such
programs prove a cost-effective method of remediating waste tire piles.
(f) Waste tire remediation shall be stopped and the division
of environmental protection notified upon the discovery of any
potentially hazardous material at a remediation site. The division
of environmental protection shall respond to the notification in
accordance with the provisions of article eighteen, chapter twenty-
two of this code.
(g) The commissioner is authorized tomay establish a tire
disposal program within the division to provide for a cost
effective and efficient method to accept passenger car and light
truck waste tires at such division of highways county headquarters as have sufficient space for temporary storage of waste tires and
personnel to accept and handle waste tires. The commissioner may
pay a fee for each tire an individual West Virginia resident or
West Virginia business brings to the division. The commissioner may
establish a limit on the number of tires an individual or business
may be paid for during any calendar month. The commissioner may in
his or her discretion authorize commercial businesses to
participate in the collection program: Provided, That no person or
business who has a waste tire pile subject to remediation under
this article may participate in this program.(h) The commissioner may pledge not more than two and one-half
million dollars annually of the moneys appropriated, deposited or
accrued in the A. James Manchin fund created by section six,
article twenty-four of this chapter, to the payment of debt
service, including the funding of reasonable reserves, on bonds
issued by the water development authority pursuant to section
seven-a, article fifteen-a, chapter thirty-one of this code to
finance infrastructure projects relating to waste tire processing
facilities located in this state: Provided, That a waste tire
processing facility shall be determined by the solid waste
management board, established pursuant to the provisions of article
three, chapter twenty-two-c of this code, to meet all applicable
federal and state environmental laws and rules and regulations and
to aid the state in efforts to promote and encourage recycling and use of constituent component parts of waste tires in an
environmentally sound manner: Provided, however, That the waste
tire processing facility shall have a capital cost of not less than
three hundred million dollars, and the council for community and
economic development shall determine that the waste tire processing
facility is a viable economic development project of benefit to the
state's economy.§17-24-6.

Creation of the A. James Manchin fund; proceeds from sale
of waste tires; fee on issuance of certificate of title;
performance review.

(a) There is hereby created in the state treasury a special
revenue fund known as the "A. James Manchin Fund". All moneys
appropriated, deposited or accrued in this fund shall be used
exclusively for remediation of waste tire piles as required by this
article for the tire disposal program established under section
four of this article or for the purposes of subsection (h), section
four of this article or for the purposes of subsection (c), section
five of this article. The fund shall consist of the proceeds from
the sale of waste tires; fees collected by the division of motor
vehicles as provided for in section sixteen, article ten, chapter
seventeen-a of this code; any federal, state or private grants;
legislative appropriations; loans; and any other funding source
available for waste tire remediation. Any balance remaining in the
fund at the end of any state fiscal year shall not revert to the state treasury, but shall remain in this fund and be used only in
a manner consistent with the requirements of this article.(b) No further collections or deposits shall be made after the
commissioner certifies to the governor and the Legislature that the
remediation of all waste tire piles that were determined by the
commissioner to exist on the first day of June, two thousand one,
has been completed and that all infrastructure bonds issued by the
water development authority pursuant to section seventeen-a,
article fifteen-a of chapter thirty-one of this code have been paid
in full or legally defeased.(c) The joint committee on government operations shall,
pursuant to authority granted in article ten, chapter four of this
code, conduct a preliminary performance review of the division's
compliance with the waste tire remediation mandated in this
article; whether the purposes of this article have been met; and
whether it is appropriate to terminate this program. In conducting
such preliminary performance review, the committee shall follow the
guidelines established in this article. A preliminary review shall
be completed on or before the first day of January, two thousand
four.

CHAPTER 31. CORPORATION.

ARTICLE 15A.

WEST VIRGINIA INFRASTRUCTURE AND JOBS DEVELOPMENT
COUNCIL.

§31-15A-17a.

Infrastructure revenue bonds payable from A. James Manchin fund.

Notwithstanding any other provision of this code to the
contrary, the water development authority may issue, in accordance
with the provisions of section seventeen of this article,
infrastructure revenue bonds payable from the A. James Manchin fund
created by section six, article twenty-four, chapter seventeen of
this code and such other sources as may be legally pledged for such
purposes other than the West Virginia infrastructure revenue debt
service fund created by section seventeen of this article.